Garcia

(PC) Harris v. Garcia

Good Law
United States District Court, Eastern District of CaliforniaAugust 25, 20222:22-cv-01273California757 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID D. HARRIS, No. 2: 22-cv-1273 KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

A. GARCIA, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for injunctive relief filed July 29, 2022. (ECF No. 8.) For the reasons stated herein, the undersigned recommends that plaintiff’s motion be denied. Plaintiff filed the original complaint on July 19, 2022. (ECF No. 1.) On July 26, 2022, the undersigned issued an order screening the complaint. (ECF No. 4.) Named as defendants in the complaint are California Health Care Facility (“CHCF”) Correctional Officers Garcia and Figueroa. (Id.) The undersigned found that plaintiff stated a potentially colorable Eighth Amendment claim against defendants Garcia and Figueroa for allegedly using excessive force against plaintiff on…

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